BARRETT, Circuit Judge The defendants, Day, Jones and Bias, appeal from a jury conviction, following a six-day trial, of charges of conspiracy, fraud by wire and mail, and interstate travel in aid of racketeering enterprises, all in violation of 18 U.S.C. §§ 2, 371, 1952, 1343 and 1341. The fraudulent scheme involved arson of defendant Day's home and its contents at Roland, Oklahoma, and the subsequent claim by Day for money through insurance policies issued against property losses resulting from the fire. Day collected some $90,000 from his insurance company on the losses about a year and one-half following the arson. Day, a former prosecutor and city attorney, was practicing law at Roland, Oklahoma, in 1983, when hard times fell upon his practice and his marriage. Day borrowed $3,000 from one Sherman McKeehee, a Muldrow, Oklahoma, businessman, to be repaid in the amount of $6,000. At that time, Day was living in his law office. Thereafter, McKeehee pressed Day for repayment of the loan. In June of 1984, Day contacted one Ernie Vaughn, former Chief of Police of Roland, and a fifteen year law enforcement official, to arrange the arson of his (Day's) home. Vaughn, in turn, contacted one James Clark and by subsequent contacts defendants Jones and Bias joined the conspiracy. At the time of trial, Vaughn had pled guilty to charges arising out of the Day arson scheme and was serving a sentence. He testified at trial under a plea agreement. The same was true of witness Herman Wheeler. The defendants each testified in their own defense. Sherman McKeehee testified. He had not been charged by the government and no promises had been made to him by the government. The testimony conflicted sharply.
